Funky Films, Inc. v. Time Warner Entertainment Co.

Gwen O’Donnell and Funky Films, Inc. (collectively, “appellants”), creators of the screenplay “The Funk Parlor,” appeal the district court’s summary judgment to Time Warner Entertainment Company and Home Box Office (collectively, “HBO”), creators of the award-winning television mini-series “Six Feet Under,” for copyright infringement. Appellants assert that the district court erred in concluding that “The Funk Parlor” and “Six Feet Under” are not substantially similar. They also appeal the district court’s denial of a request for additional discovery. For the reasons set forth below, we affirm the judgment of the district court.

I

Between October 1997 and July 1999, Gwen O’Donnell drafted “The Funk Parlor,” a screenplay tracing the lives of a small, family-run funeral parlor in Connecticut. Sometime in 1998, O’Donnell was injured in an automobile accident and sought treatment from Stacey Smith, a chiropractor. During these appointments, the two discussed O’Donnell’s screen-play; eventually, Smith took an interest in the script and asked O’Donnell if she would like him to give a copy to his friend and client Chris Albrecht, the President of Original Programing at HBO. O’Donnell…